Downstate prosecutor cited for 'appeal to racial prejudice'
State's attorney's conduct in 2011 murder trial at issue
Williamson County State’s Attorney Charles Garnati (HANDOUT / December 5, 2013)
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The state agency that disciplines lawyers has accused a longtime state's attorney in a southern Illinois county of unprofessional conduct, saying his use of racially charged language at a murder trial "served no purpose other than to appeal to racial prejudice."
In making its complaint public Wednesday, the Illinois Attorney Registration and Disciplinary Commission said Williamson County State's Attorney Charles Garnati violated four rules of professional conduct. His behavior during a July 2011 murder trial "tends to defeat the administration of justice or to bring the courts or legal profession into disrepute," the commission concluded.
James Grogan, the commission's deputy administrator and chief counsel, said it is unusual to bring a case finding fault with a lawyer's use of racially charged language.
The case stems from the trial of Marcus Marshall on charges he fatally shot LaQuinn Hudson at a party in Marion in August 2010. Authorities said Marshall fled to Chicago after the shooting and was later apprehended.
Marshall, who is black, was tried by an all-white jury, convicted of murder and sentenced to 85 years in prison.
During his closing argument, Garnati spoke of the small African-American community in Williamson County, saying that "there are some very good law-abiding citizens in that community here." Trying to contrast how whites and blacks deal with police while referring to allegations that two black witnesses had recanted their statements, he began with the words, "Now in our white world, ladies and gentlemen ...."
Garnati also told the jury that African-Americans typically carry their guns in their waistbands.
The Tribune wrote about the controversy in a front-page story last year.
Garnati, who is serving his eighth four-year term as the elected state's attorney, could not be reached Wednesday for comment. But in an unusual move this summer, he agreed that Marshall should receive a new trial. The Illinois Appellate Court agreed and ordered the new trial in September.
The case against Garnati will go to a panel of the disciplinary commission's hearing board, which will hear evidence and make recommendations for any discipline. The Illinois Supreme Court makes the final decision on attorney discipline cases.
Steve Greenberg, a Chicago attorney who handled Marshall's appeal, said that he had made a complaint to the disciplinary commission.
"I think anyone who espouses those racist views is unfit to be the state's attorney of a county," Greenberg said Wednesday. "Imagine how many charging decisions over the years were racially motivated in the (time) he's been state's attorney."
smmills@tribune.com
In making its complaint public Wednesday, the Illinois Attorney Registration and Disciplinary Commission said Williamson County State's Attorney Charles Garnati violated four rules of professional conduct. His behavior during a July 2011 murder trial "tends to defeat the administration of justice or to bring the courts or legal profession into disrepute," the commission concluded.
James Grogan, the commission's deputy administrator and chief counsel, said it is unusual to bring a case finding fault with a lawyer's use of racially charged language.
The case stems from the trial of Marcus Marshall on charges he fatally shot LaQuinn Hudson at a party in Marion in August 2010. Authorities said Marshall fled to Chicago after the shooting and was later apprehended.
Marshall, who is black, was tried by an all-white jury, convicted of murder and sentenced to 85 years in prison.
During his closing argument, Garnati spoke of the small African-American community in Williamson County, saying that "there are some very good law-abiding citizens in that community here." Trying to contrast how whites and blacks deal with police while referring to allegations that two black witnesses had recanted their statements, he began with the words, "Now in our white world, ladies and gentlemen ...."
Garnati also told the jury that African-Americans typically carry their guns in their waistbands.
The Tribune wrote about the controversy in a front-page story last year.
Garnati, who is serving his eighth four-year term as the elected state's attorney, could not be reached Wednesday for comment. But in an unusual move this summer, he agreed that Marshall should receive a new trial. The Illinois Appellate Court agreed and ordered the new trial in September.
The case against Garnati will go to a panel of the disciplinary commission's hearing board, which will hear evidence and make recommendations for any discipline. The Illinois Supreme Court makes the final decision on attorney discipline cases.
Steve Greenberg, a Chicago attorney who handled Marshall's appeal, said that he had made a complaint to the disciplinary commission.
"I think anyone who espouses those racist views is unfit to be the state's attorney of a county," Greenberg said Wednesday. "Imagine how many charging decisions over the years were racially motivated in the (time) he's been state's attorney."
smmills@tribune.com
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